Institutionalization Of Sentencing Recommendation

The sentencing advice which procurator organs put on to judicial organs called sentencing recommendations. The right of sentencing recommendations is a punishment claim which is an important part of public prosecution.It can restricting discretion of the judge in a appropriate way, promoting scientific penalty discretion and ensuring sentencing justice and transparent. In recent years, there are many discussions about sentencing problem in the theory and practice.We have to make a more profound introspection to the original institutional framework, in order to find a more reasonable program which can solve the problems in sentencing, especially when the sentencing defects often appear in judicial practice.Then the sentencing recommendations system arises at the historic moment. But at this moment, the research for this system is still in the initial stage, so we have to make deeper research and work harder to construct and promote the concrete system. After reading a lot of relevant information,the writer puts forward some views such as the system practice of sentencing recommendations and specific ideas suitable for our country and relevant measures.Specifically,in the first part,the author introduces the concept and system background and significance of the sentencing recommendations,in order to give the readers a macro knowledge. In the second part, the author emphasis on the practice abroad and propose personal opinions. Then, give a more clear acquaintance to the readers through making an investigation to the theory and practice in China. In the third part, the author thinks about the value and foundation of sentencing recommendations and indicates the theory origin. The forth part, the author come up with the concrete system assumption comprehensively. It is the core part of the paper.In this part,the writer gives a detailed introduction about the principle,subject,pattern,content and time of the sentencing recommendations. The fifth part,the author introduces the relative supporting measures,such as evidence exhibiting system,plea bargaining system and legal aid system,which are for better play to the efficacy of sentencing recommendations system.1 believe, in the future judicial reform process, these systems will all come true. Generally speaking, sentencing recommendations concern the fairness and transparency of the penalty discretion, so we should construct a scientific concrete system and explore Supporting system to ensure the penalty discretion really reflect law and justice and social justice.